In June 2022, the US Supreme Court resolved an important issue regarding international arbitrations by ruling that, contrary to two previous appellate court rulings, a U.S. statute that authorizes federal courts to order discovery “for use in a proceeding in a foreign or international tribunal” does not apply to proceedings in foreign and international arbitrations before private adjudicatory bodies.
On July 1, 2022, the amendments to the Regulations and Rules of the International Centre for Settlement of Investment Disputes (“ICSID”) entered into force. This article summarizes and comments on the key changes. The 2022 ICSID Arbitration Rules apply to ICSID arbitrations commenced on or after July 1, 2022.
On September 15, 2022, US Deputy Attorney General Lisa Monaco issued a memorandum outlining further revisions to the US Department of Justice’s (DOJ) criminal enforcement policies and practices. This article discusses DOJ’s two foundational expectations: prompt and transparent corporate self-disclosure and cooperation, and individual accountability.
Florida's "Stop WOKE Act” (HB7) restricts employers from requiring diversity training that “espouses, promotes, advances, inculcates, or compels [employees] to believe” certain prohibited concepts related to race, color, sex or national origin." While Florida's law is the first of its kind, there is speculation that other states could adopt similar legislation in the future.
With the booming growth of international business comes a boom in international business disputes. In-house lawyers for companies doing global business need skills in all aspects of international arbitration, including counseling, contracting, and the arbitral process. But they need to be aware that the international arbitration process involves procedures unfamiliar to most American lawyers. For example, court selection and arbitration clauses that are effective for domestic transactions do not work well in international deals. This HandsOn will offer you a guide to the key features of international arbitration law, and some tips on how to make your arbitration a success.
This article discusses the US Drug Enforcement Agency's (DEA) new regulation temporarily extending the “full set” of COVID-19 waivers for prescribing controlled substances via telemedicine.
Originally published by Foley & Lardner LLP on May 11, 2023.
Based on responses from over 1,300 in-house counsel in 41 countries, the ACC Chief Legal Officer 2016 Survey offers legal departments, law firms, and other legal industry partners insight on the practices, trends and changes in the role of the CLO. The 2016 report examines how CLOs source work in-house, to law firms and legal service providers. In addition, the report highlights plans and historical trends in hiring, staffing and budgeting. Notable findings include what keeps CLOs up at night, how they view the future of departmental budgets and staffing, where they plan to grow their departments, and where data breaches and regulatory issues have the greatest impact.
The Spanish "REIT" was founded in October 2009 under the name of Sociedades Anónimas Cotizadas de Inversión en el Mercado Inmobiliario ("SOCIMI"). Its legal regime was set out in the Law 11/2009 of 26 October, which was subsequently amended by Law 16/2012 of 27 December to relax the legal requirements for their incorporation, remove the regulatory barriers and enhance the tax treatment applicable from 2009.
While a corporate legal department may not be the ideal environment to foster a balance between work and life is it even possible to achieve? Here, the authors look at the obstacles standing in the way of in-house counsel attempting to strike that balance in order to find out if work/life balance is in fact possible to find or if it is merely a myth.
This paper, written by the presenters of Annual Meeting Session 105 - Canada's Anti-Spam Law and How It Affects Your Business, discusses in detail, how to prepare your business for Canada's Anti-Spam Law "CASL".
No matter how severe the injury, willful misconduct is a designation used to encompass behaviors that, if engaged by an employee, can bar a workers’ compensation claim — leading to missed benefits and/or medical treatment. As a result, much of the onus falls on the employer to draft clear policies that establish discerning hiring practices and include regular training. Here’s how to protect your employee, and your company in the process.
Read this 2012 Apex Award-winning article! What personality type is ideal for an in- house attorney? Using the Caliper Profile, the authors evaluated the personality traits of each member of a global legal team. Did the results favor the empathetic and flexible, or the disciplined and focused? Read this article to develop your perfect legal personality.
Declaratory judgment jurisdiction law is not what it used to be. Recent changes have complicated patent license negotiations but this article, which presents viewpoints from both sides of the issue, investigates protective measures that attorneys can take to both minimize risks and maximize chances of benefiting from the newly reformed law.
Corporations are not only responsible for protecting consumer data, but also for safeguarding the medical data of its employees. This could prove difficult considering the spectrum of employee medical records, and the importance of maintaining privacy. Familiarize yourself with the laws and regulations, and ensure your confidence when identifying, managing and distributing such sensitive information.
A license agreement that reflects US antitrust law should be simple and straightforward. Like a well-tailored suit paired with classic pumps, it needs no frills or adornments. This article provides an overview of the primary US antitrust statutes applicable to licensing, and recommends drafting approaches to commonplace competition considerations for license agreements.
Global business leaders provide unique strategies for how the in-house counsel of today can be better prepared to become the in-house counsel of tomorrow.
While minority and female representation in the legal community has increased in recent years, the numbers are still lagging. But there are several key steps corporate counsel can take to retain, develop, and promote diversity among in-house counsel.
This is a sample letter of agreement between a hotel and company.
A strong and effective compliance program can be crucial to persuading the prosecutor that your company does not deserve prosecution. If your program is like most programs, the prosecutor is likely to treat it skeptically. Most compliance programs are designed to help prevent an attack, not to help defend the company when authorities raid the company. This article will show you how to strengthen your compliance program against that day.
The law and technology - a panel interview with four in-house counsel including Chaman Sidhu, David Bushby, Vered Keisar and Luke O’Sullivan.
The ACC Australia Trends Survey examines the practices, trends and changes in the in-house legal profession. ACC Australia has developed this report with the support of our Corporate Alliance Partners.
Companies of all sizes are engaged in an effort to make Environmental, Social, and Governance (ESG) factors a part of their businesses in both vision and practice. The impact of personnel policies and practices extend far beyond the “S” portion of ESG. This resource outlines five personnel policies and practices to consider when assessing company ESG priorities and goals.
With borderless talent to choose from, employers must act quickly to secure the talent they want. But rules and expectations surrounding employment are unique to each country. In this article, learn the differences to take into account when hiring workers in other countries.
In this article, learn five best practices that shareholders, customers, and ESG rating agencies focus on when assessing a company’s ESG fitness as it relates to data privacy and security, and the steps companies can take now to improve their compliance posture in this important area.
A new Labour Law went into effect on February 2, 2022, overhauling labour relations in the UAE. In this article, learn key changes that affect companies and what they need to consider, including changes made to gratuity, employment contracts, employer policies and flexible work patterns.
On Aug. 5, 2022, the US Court of Appeals for the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and US District Court for the Eastern District of Virginia rulings. The Federal Circuit concluded that the Patent Act requires an “inventor,” as defined in Section 100(f), to be a “natural person."
Show results exclusively from the ACC Resource Library with customizable filters